Lawsuit: DHS Wants 'Unlimited Subpoena Authority' to Unmask ICE Critics

The Department of Homeland Security (DHS) is facing a lawsuit over its request for 'unlimited subpoena authority' to unmask individuals who post ICE sightings anonymously on social media. The lawsuit, filed by an Instagram user, claims that DHS is using import/export rules to expand its authority to identify online critics.

The lawsuit, which was filed on January 13, 2026, alleges that DHS is attempting to silence critics of its immigration policies by using the import/export rules to obtain information about individuals who post ICE sightings on social media. The lawsuit claims that this is a violation of the First Amendment and seeks to block DHS's request for subpoena authority.

The lawsuit comes as part of a larger debate over the use of social media by immigration enforcement agencies. Critics argue that the use of social media by ICE and other agencies is a form of surveillance and can be used to target individuals who are critical of the agency's policies.

The lawsuit is being filed by an Instagram user who claims that they were targeted by DHS after posting ICE sightings on the platform. The user claims that they received a subpoena from DHS demanding that they turn over information about their account, including their IP address and other identifying information.

The lawsuit alleges that DHS is using the import/export rules to obtain information about individuals who post ICE sightings on social media. The rules, which were enacted in 2019, allow DHS to obtain information about individuals who are suspected of violating import/export laws. The lawsuit claims that DHS is using these rules to obtain information about individuals who are critical of its policies.

The lawsuit seeks to block DHS's request for subpoena authority and to prevent the agency from using the import/export rules to obtain information about individuals who post ICE sightings on social media. The lawsuit also seeks damages for the plaintiff, who claims that they were targeted by DHS after posting ICE sightings on social media.

The lawsuit is being filed in the U.S. District Court for the District of Columbia and is being represented by the American Civil Liberties Union (ACLU).

Sources

[1] Lawsuit: DHS wants “unlimited subpoena authority” to unmask ICE critics